PEOPLE v. MASK

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ronald MASK, Defendant-Appellant.

Decided: May 06, 2004

TOM, J.P., SAXE, LERNER, MARLOW, GONZALEZ, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Laura Burde of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jeffrey W. Davis of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered January 24, 2002, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 9 to 18 years, unanimously affirmed.

The court properly exercised its discretion in permitting the prosecutor to argue that the similarities between the two robberies warranted an inference that they were committed by the same person, so that the evidence as to each robbery tended to prove the other.   The pattern was sufficiently distinctive so as to be probative of defendant's identity (see People v. Beam, 57 N.Y.2d 241, 253, 455 N.Y.S.2d 575, 441 N.E.2d 1093).

We perceive no basis for reducing the sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.